WPMS/203/2025 on 22 January, 2025

Uttarakhand High Court

WPMS/203/2025 on 22 January, 2025

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                    COURT'S OR JUDGES'S ORDERS
No
                   Registrar's order with
                        Signatures
      22.01.2025                            WPMS No. 203 of 2025
                                            H on'ble Vive k Bha r t i Sha r m a , J.

Mr. Arvind Kumar Sharma, counsel for the
petitioner.

2. Mr. Yogesh Chandra Tiwari, learned Standing
Counsel for the State.

3. This writ petition under Article 226 of the
Constitution of India is filed by the petitioner for
issuance of a writ, order or direction in the nature of
certiorari for quashing the Recovery Certificate No.
219/Ra.Lekha. Vasuli Nistaran/2024 Karnprayag
dated 14.01.2025 issued by Tehsildar/Auction Officer
Karnprayag, District Chamoli.

4. Counsel for the petitioner would submit the
petitioner was granted permission for storage of
minors minerals i.e. River Bed Material (RBM) for
running the Hotmix Plant for construction of roads
for two years, however, before expiry of that period,
the District Magistrate, Chamoli issued a recovery
notice (annexed as Annexure No. 5 to the writ
petition) thereby asking the petitioner to deposit the
amount of `5,65,769/- within a week from the date
of notice on the ground that environment clearance
could not be shown when asking for; that, the
proceedings were drawn in pursuance of this notice
by District Magistrate and vide its order dated
13.07.2023, the District Magistrate, Chamoli had
directed the petitioner to deposit the said amount;
that, against the impugned order passed by the
District Magistrate, an appeal is filed before the
Commissioner (Garhwal) and the same is pending.

He would further submit that the notice
(Annexure No. 4 to the writ petition) is incorrect and
all the proceedings arising out of this impugned order
passed by the District Magistrate is also erroneous for
the same reason.

He would further submit that when the appeal
of the petitioner is already pending before the
Commissioner (Garhwal) then there is no urgency on
the part of the State to issue the recovery certificate,
under challenged.

He would further submit that recovery
certificate has been issued with ulterior motives,
therefore, this has to be restrained.

5. Learned State Counsel vehemently opposed the
said prayer on the ground that the environment
clearance, for which the penalty has been imposed,
was the condition precedent in the permission granted
to the petitioner (annexed as Annexure No. 4 to the
writ petition); that, at the time of the inspection, the
petitioner could not show the environment clearance,
only then he was directed to pay the penalty.

6. On the query of the Court, learned State
counsel would submit that at present, he has to take
instructions on the point that if there was no
environment clearance with the petitioner as alleged
by the State, then on what basis the penalty was
imposed instead of closing the Hotmix plant and why
it was waited for one year after issuance of
permission.

7. In view of the above, this Court is of the
considered view that the matter needs deliberation.

8. Admit the petition.

9. List this matter on 22.04.2025.

10. Counter affidavit, if any, be filed within four
weeks.

11. The effect and operation of the Recovery
Certificate No. 219/Ra.Lekha. Vasuli Nistaran/2024
Karnprayag dated 14.01.2025 issued by
Tehsildar/Auction Officer Karnprayag, District
Chamoli shall remain stayed during pendency of the
present petition.

12. Stay Application (IA No. 02 of 2025) and
Urgency application (IA No. 01 of 2025) stand
disposed of accordingly.

( Vive k Bh a r t i Sh a r m a , J.)
Va ca t ion Judge
2 2 .0 1 .2 0 2 5
Akash